Wall Marijuana Sale Ban Would Be 'Null And Void' Under State Bill

WALL, NJ — Wall Township's ordinance banning the retail sales of marijuana would be rendered "null and void" if the state Legislature passes the bill to legalize recreational marijuana use in New Jersey.

The Township Committee approved the prohibition on the sale of marijuana — both recreational and medicinal — and the manufacture, growth, cultivation "or conduct of any farming activities related to marijuana" in February.

However, Senate Bill 2703 (and its companion, Assembly Bill 4497), the bills that would legalize recreational marijuana, include a provision that would make "null and void" any ordinances that have been passed in towns across the state to ban the sales of either or both.

"... any ordinance enacted by a local governmental entity prior to the effective date of this section addressing the issue of prohibiting one or more types of cannabis-related activities within the jurisdiction of the local governmental entity is null and void," the bill says.

Any municipality that wants to ban sales, facilities, growing operations or manufacture of marijuana products — for either adult recreational use or for medicinal purposes — would have 180 days following the enactment of the pending bill to legalize recreational marijuana use by adults to enact an ordinance banning the facilities, if they still sought to do that.

Wall is one of more than 50 towns that have banned retail sales ahead of the proposed marijuana legalization.

Legislative committees in both the New Jersey Senate and the Assembly approved the bill that would legalize recreational marijuana for adults 21 and older in the state this week. The bill now heads to the full Senate and Assembly, which would each need to approve it before the bill could land on Gov. Phil Murphy's desk for his signature. Read more: NJ Recreational Pot Bill Approved By Committees; Final Vote Soon

If the current legislation is passed and signed into law, marijuana use for adults 21 and older becomes legal throughout the state, and municipalities who wish to ban it will have to "opt out."

A commission will be established by the state to establish regulations concerning growth, sale, taxation and other aspects of the law. Once those regulations are passed and made public, towns will then have 180 days to decide what actions they want to take.

For the towns that have bans already in place, they will be forced to adopt them again — which comes with expense of the legal advertisements, the public hearings and the conflicts that have marked the debates in many towns. More than 50 towns across the state have preemptively passed bans since Murphy was elected, after he campaigned on legalizing recreational marijuana.

The information that the proposed legislation includes voiding the already passed ordinances was highlighted at a forum in South Jersey Wednesday night in Camden County to answer residents' questions about the potential impacts of legalization.

William J. Caruso of Archer Law spoke at the forum organized by the Camden County Mayors' Association and provided an overview of the legislation and answered questions. Read more: Prohibition, Safety Discussed At Marijuana Legalization Forum

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